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6th Circuit Holds Title VII Retaliation Protection Extends to Friends/Family.
Posted by: Melville Johnson, P.C.
June 11, 2008
Topic: Employment Discrimination
The Attorneys at Melville Johnson, P.C. can provide this type of representation for you regarding your Employment Law issues.
Mr. Eric Thompson, a metallurgical engineer, was employed by North American Stainless. In 2000, Mr. Thompson met his wife, Ms. Miriam Regalado, when she was hired by North American Stainless. When the two employees were engaged to be married, in 2002, their supervisors allegedly discriminated against Ms. Regalado. Mr. Thompson filed a claim of discrimination on Ms. Regalado behalf, alleging gender discrimination. Just over three weeks later, Mr. Thompson was terminated, which prompted Mr. Thompson to file his own charge of discrimination for retaliation.
Mr. Thompson eventual filed a lawsuit in district court, and the attorneys for North American Stainless filed a motion for Summary Judgement on grounds that the employment termination did not constitute either discrimination or retaliation. The district court judge granted the Defendant's attorney's motion, and Mr. Thompson subsequently filed a federal civil appeal.
The Sixth Circuit Court of Appeals, in overruling the District Court, ruled that Title VII affords protection to employees who did not directly engage in retaliation, but who were closely associated with an employee who engaged in such activity, since a reasonable person would be dissuaded from seeking EEOC protection if he or she knew it could affect the livelihood of his or her family and friends.
The court supported its determination by citing the EEOC Compliance Manual, which provided that a person claiming retaliation need not be the person who conducted the protected activity as long as that person was closely enough related to the person conducting the protected activity to discourage him or her from exercising his or her statutory rights.
This blog is largely based on a Judicial View Summary on May 28, 2008.
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